"Claim on behalf of the General Committee of the Brotherhood ofRailroad Signalmen on the Union Pacific Railroad Co. (former Southern Pacific):

Claim on behalf of F. E. Horvath, for payment of five hours and 20 minutes at the time and one-half rate, account Carrier violated the current Signalmen's Agreement, particularly Rule 13, when it called another signal maintainer to respond to a signal failure on the Claimant's assigned territory, without giving the Claimant an opportunity to respond to the call. Carrier's File No. 1166385. General Chairman's File No. SWGC1987. BRS File Case No. 11076-SP."

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

The Claimant contends that the Carrier failed to call him in proper order for overtime service and seeks payment therefor. The Carrier's report sheet shows the Claimant was called at 7:02 P.M. on October 17, 1998 on both his home telephone and his telephone paging service, with no response. There is no reasonable basis to doubt the accuracy of the Carrier's records.

The Carrier then called other employees beginning at 7:06 P.M., thus filling the vacancy.

"In the event a Signal Maintainer elects to use a telephone pager, such number will be furnished to the Company and acceptance of a call must be confirmed within ten (10) minutes of time paged."

AWARD